United States v. Young

86 F.3d 944 (1996)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Ds were indicted on various narcotics offenses. Co-defendants Drake and Mariani testified for the government. Two other government witnesses - James Larsen and Howard Nichols - also testified pursuant to plea agreements. Two government witnesses - Daniel Faunce and Bruce Farline - received immunity for their testimony. All of the principal witnesses who testified for P were either granted immunity or some other favorable treatment in exchange for their testimony. P showed that Ds used Drake as a middleman to distribute kilogram quantities of cocaine to Larsen, Mariani, and Clarence Paulsen. Tamez (D) worked with Drake from 1987 until 1994. Drake also distributed kilogram quantities of cocaine for Young (D) on five or six occasions in 1994. After P's case-in-chief, Tamez (D) attempted to call David Delfs as a witness. Tamez (D) made an offer of proof that once, while at the home of 'Flash' (aka Robert Adams), Delfs heard government witness Drake state that he was 'falsely accusing somebody as being [his] supplier in the Tri-Cities.' Both Ds professed to be the falsely accused supplier from the Tri-Cities and requested that the district court give, or order the government to give, Delfs immunity for his testimony. Delfs indicated that he would decline to testify by invoking his Fifth Amendment privilege against self-incrimination. Delfs had already been indicted in an unrelated case for firearms offenses. The court denied the motion for use immunity for Delfs and further denied the defense request for an evidentiary hearing on this issue. Ds were found guilty and appealed in part on the issue of Delfs’ not being granted us immunity.